Photo: Waldemarus/Shutterstock.com

Michael Nelson, the former chairman of dissolved insurance boutique Nelson Levine de Luca & Hamilton, has doubled down on his efforts to force his former partners into arbitration, alleging that they took too much money and too little debt with them when they left the failed firm.

After elaborating on his claims in another recent filing, Nelson filed a motion to compel arbitration Monday in the U.S. District Court for the Eastern District of Pennsylvania. He sued his former partners in July, seeking to arbitrate claims arising from the dissolution and liquidation of the firm.

He contends that he tried to initiate mediation by way of procedures set by the Pennsylvania Bar Association, but his former partners refused to participate.

In an amended complaint filed Nov. 13, Nelson added some detail to his claims. He alleged that he had to repay more than his fair share of a $4 million line of credit; that his former partners took advance draws exceeding their distributions for 2014; and that defendants John Clark, Daniel de Luca and Kenneth Levine, while still partners at Nelson Levine, took time to prepare for launching their own firms. Clark's firm is Clark & Fox in Cherry Hill, New Jersey, and the other two founded de Luca Levine in Blue Bell.

Nelson Levine, which became Nelson Brown & Co. after Levine, de Luca and Hamilton left, was plagued by a rapidly decreasing head count beginning in early 2014. It officially shuttered in the spring of 2015.

That happened when Nelson, who was the last remaining name partner, joined Sutherland Asbill & Brennan. In his latest filing, he argues that beyond the impact on his ex-firm, he was personally affected by his former partners' departures.

The firm is neither a necessary party, Nelson argued, nor is it indispensable, giving the district court subject-matter jurisdiction to compel arbitration.

“Nelson is not seeking a judgment on the merits but, rather, an order compelling the parties to comply with their duty to submit to ADR the merits of their substantive claims and defenses,” the motion said.

Defendants Clark, de Luca, Levine, Michael Hamilton, Claudia McCarron and John Mullen have all filed new motions to dismiss in response to the amended complaint, while David Brown and William Krekstein filed answers. The defendants have argued that Nelson lacks standing, and that his complaint did not describe arbitrable claims.

Levine and de Luca also noted in their motion to dismiss that Nelson has already sued them over their departure from Nelson Levine, and that case settled. As a result, they said, Nelson has now waived his right to arbitration.

Nelson, in his latest motion, argued he has not waived arbitration because the earlier suit was in the Montgomery County Court of Common Pleas, and the plaintiff was the firm, not himself.

Representing himself and Levine, de Luca declined to comment Thursday. Hamilton, Krekstein and McCarron, who are also representing themselves, did not return calls for comment. Nicholas Jajko of Mullen Coughlin, who is representing John Mullen, did not return a call. Nor did Michael Savett of Clark & Fox, who is representing Clark.

Photo: Waldemarus/Shutterstock.com

Michael Nelson, the former chairman of dissolved insurance boutique Nelson Levine de Luca & Hamilton, has doubled down on his efforts to force his former partners into arbitration, alleging that they took too much money and too little debt with them when they left the failed firm.

After elaborating on his claims in another recent filing, Nelson filed a motion to compel arbitration Monday in the U.S. District Court for the Eastern District of Pennsylvania. He sued his former partners in July, seeking to arbitrate claims arising from the dissolution and liquidation of the firm.

He contends that he tried to initiate mediation by way of procedures set by the Pennsylvania Bar Association, but his former partners refused to participate.

In an amended complaint filed Nov. 13, Nelson added some detail to his claims. He alleged that he had to repay more than his fair share of a $4 million line of credit; that his former partners took advance draws exceeding their distributions for 2014; and that defendants John Clark, Daniel de Luca and Kenneth Levine, while still partners at Nelson Levine, took time to prepare for launching their own firms. Clark's firm is Clark & Fox in Cherry Hill, New Jersey, and the other two founded de Luca Levine in Blue Bell.

Nelson Levine, which became Nelson Brown & Co. after Levine, de Luca and Hamilton left, was plagued by a rapidly decreasing head count beginning in early 2014. It officially shuttered in the spring of 2015.

That happened when Nelson, who was the last remaining name partner, joined Sutherland Asbill & Brennan. In his latest filing, he argues that beyond the impact on his ex-firm, he was personally affected by his former partners' departures.

The firm is neither a necessary party, Nelson argued, nor is it indispensable, giving the district court subject-matter jurisdiction to compel arbitration.

“Nelson is not seeking a judgment on the merits but, rather, an order compelling the parties to comply with their duty to submit to ADR the merits of their substantive claims and defenses,” the motion said.

Defendants Clark, de Luca, Levine, Michael Hamilton, Claudia McCarron and John Mullen have all filed new motions to dismiss in response to the amended complaint, while David Brown and William Krekstein filed answers. The defendants have argued that Nelson lacks standing, and that his complaint did not describe arbitrable claims.

Levine and de Luca also noted in their motion to dismiss that Nelson has already sued them over their departure from Nelson Levine, and that case settled. As a result, they said, Nelson has now waived his right to arbitration.

Nelson, in his latest motion, argued he has not waived arbitration because the earlier suit was in the Montgomery County Court of Common Pleas, and the plaintiff was the firm, not himself.

Representing himself and Levine, de Luca declined to comment Thursday. Hamilton, Krekstein and McCarron, who are also representing themselves, did not return calls for comment. Nicholas Jajko of Mullen Coughlin, who is representing John Mullen, did not return a call. Nor did Michael Savett of Clark & Fox, who is representing Clark.